Author Topic: Purchase delay under new 25 day waiting period  (Read 10535 times)

Bulldog021

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Purchase delay under new 25 day waiting period
« on: April 12, 2017, 09:12:56 PM »
Has anyone ran into this recently? I have a ccdw so I should be at the 3 day wait however I want to be sure before I get my hopes up. I always get a delay with the approval coming 2 to 3 days later (with one instant approval).
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Clarence

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Re: Purchase delay under new 25 day waiting period
« Reply #1 on: April 12, 2017, 10:18:17 PM »
Your CCDW license will have nothing to do with purchasing a firearm.

That was the old Delaware instacheck system  in the '90s before the Brady Bill
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Bulldog021

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Re: Purchase delay under new 25 day waiting period
« Reply #2 on: April 13, 2017, 02:25:59 PM »
No the law changed last year to use a 25 day waiting period before the automatic release of firearm occurs. The exemption was for ccdw holders and supposedly they would still fall under the 3 day wait prior to the gun store being able to release the firearm. 
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Lumspond

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Re: Purchase delay under new 25 day waiting period
« Reply #3 on: April 13, 2017, 08:31:59 PM »
There is no 25 day waiting period in DE. Pass the background check and FFL hands you the gun. If background check system doesn't "respond", the FFL has to wait three days.

"Under federal law, a dealer cannot sell or transfer a firearm to a potential buyer until a federal background check has been done, or until three days have elapsed since the background check was requested"
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coolwrld

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Re: Purchase delay under new 25 day waiting period
« Reply #4 on: April 13, 2017, 09:12:23 PM »
I believe he is referring to DE House Bill 325 which was signed by Markell in 2016 http://news.delaware.gov/2016/06/22/governor-signs-bill-closing-gun-background-check-Loophole/.  It sounds like this is supposed to supersede (of course not being a lawyer I have no idea whether it can or can't) federal law and does apparently change the wait from 3 days to 25 days.  From what I read they originally wanted 30 but the compromise to get the necessary votes ended up being 25.
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Clarence

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Re: Purchase delay under new 25 day waiting period
« Reply #5 on: April 13, 2017, 10:07:49 PM »
No the law changed last year to use a 25 day waiting period before the automatic release of firearm occurs. The exemption was for ccdw holders and supposedly they would still fall under the 3 day wait prior to the gun store being able to release the firearm.  
https://legiscan.com/DE/text/HB325/2015
Here is the new law.  I see no exemption for CCW holders. It amends 1448a of title 11.
Basically says that if the NICS check is delayed then the dealer may not proceed for 25 days even though federal law would allow it after 3 days.

I don't see where this would affect how NICS would handle a delay but we will have to see about that. 
« Last Edit: April 13, 2017, 10:15:03 PM by Clarence »
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Bulldog021

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Re: Purchase delay under new 25 day waiting period
« Reply #6 on: April 13, 2017, 11:27:14 PM »
Did some more reading and found the exception clauses: Line 5 Section e

)(e)The provisions of this section shall not apply to:

(1)  Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;

(2)Any replica of any firearm described in paragraph (d)(e)(1) of this section if such replica:

a.  Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or

b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;

(3)Any shotgun, which is defined as a firearm designed or intended to be fired from the shoulder and designed or made to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(4)The return, by a licensed pawnbroker, of a firearm to the person from whom it was received;

 5)Transactions in which the potential buyer or transferee holds a valid concealed deadly weapons license pursuant to §1441, §1441A and §1441B of this title; and[/b][/i][/u]

(6)Transactions involving a "law-enforcement officer" as defined by §222 of this title.

This should mean a CCDW holder who is delayed would continue to operate under the original NICS rules of 3 days
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muleman88

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Re: Purchase delay under new 25 day waiting period
« Reply #7 on: April 14, 2017, 12:46:31 AM »
That's news to me. I never knew their was exemption for ccdw holder but it's good to know . I have never had to wait more than a few minutes. 

NormH3

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Re: Purchase delay under new 25 day waiting period
« Reply #8 on: April 14, 2017, 04:03:41 PM »
There is no 25 day waiting period in DE. Pass the background check and FFL hands you the gun. If background check system doesn't "respond", the FFL has to wait three days.

"Under federal law, a dealer cannot sell or transfer a firearm to a potential buyer until a federal background check has been done, or until three days have elapsed since the background check was requested"

Better check your Delaware law. They tacked on an extra 25 days if for some reason the dealer doesn't get the OK within the federally mandated 3 day waiting period.

Clarence

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Re: Purchase delay under new 25 day waiting period
« Reply #9 on: April 14, 2017, 05:48:40 PM »
Did some more reading and found the exception clauses: Line 5 Section e

)(e)The provisions of this section shall not apply to:

(1)  Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;

(2)Any replica of any firearm described in paragraph (d)(e)(1) of this section if such replica:

a.  Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or

b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;

(3)Any shotgun, which is defined as a firearm designed or intended to be fired from the shoulder and designed or made to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(4)The return, by a licensed pawnbroker, of a firearm to the person from whom it was received;

 5)Transactions in which the potential buyer or transferee holds a valid concealed deadly weapons license pursuant to §1441, §1441A and §1441B of this title; and[/b][/i][/u]

(6)Transactions involving a "law-enforcement officer" as defined by §222 of this title.

This should mean a CCDW holder who is delayed would continue to operate under the original NICS rules of 3 days
You are correct.  That section is a carryover from the pre Brady instant check that Delaware had prior.   I believe about 1993.  Brady came into full use about 1998.  Note that shotguns were exempt.   That was the Delaware law. Brady of course does include shotguns which made that portion of the Delaware law moot.

In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.

I can hear it now "oh my God!!! A Loophole"

I wonder how this is playing out?  Chris:  Are you out there?

« Last Edit: April 14, 2017, 05:53:30 PM by Clarence »
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Bulldog021

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Re: Purchase delay under new 25 day waiting period
« Reply #10 on: April 14, 2017, 06:09:10 PM »
I will find out today. I am picking up a gun and always get delayed so it will be interesting to see how it proceeds
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Federal Firearm

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Re: Purchase delay under new 25 day waiting period
« Reply #11 on: April 14, 2017, 09:25:08 PM »
Did some more reading and found the exception clauses: Line 5 Section e

)(e)The provisions of this section shall not apply to:

(1)  Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;

(2)Any replica of any firearm described in paragraph (d)(e)(1) of this section if such replica:

a.  Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or

b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;

(3)Any shotgun, which is defined as a firearm designed or intended to be fired from the shoulder and designed or made to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;

(4)The return, by a licensed pawnbroker, of a firearm to the person from whom it was received;

 5)Transactions in which the potential buyer or transferee holds a valid concealed deadly weapons license pursuant to §1441, §1441A and §1441B of this title; and[/b][/i][/u]

(6)Transactions involving a "law-enforcement officer" as defined by §222 of this title.

This should mean a CCDW holder who is delayed would continue to operate under the original NICS rules of 3 days
You are correct.  That section is a carryover from the pre Brady instant check that Delaware had prior.   I believe about 1993.  Brady came into full use about 1998.  Note that shotguns were exempt.   That was the Delaware law. Brady of course does include shotguns which made that portion of the Delaware law moot.

In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.

I can hear it now "oh my God!!! A Loophole"

I wonder how this is playing out?  Chris:  Are you out there?


Clarence,

Only exemptions are conceal carry holders and leo......federal law still continues a 3 day wait on delays...if they don't reply within 3 days then you have a 25 day delay.....my understanding is it applies to all firearms....
some dealers will not release the firearm unless they receive an approval..that is at the dealer's discretion......

Bulldog021

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Re: Purchase delay under new 25 day waiting period
« Reply #12 on: April 17, 2017, 03:05:44 PM »
Went on the 14th and as always got delayed. I showed the ccdw and was told my pick up date will be 4/18 if they haven't heard anything sooner.
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Packing_Nine

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Re: Purchase delay under new 25 day waiting period
« Reply #13 on: April 17, 2017, 04:27:12 PM »
In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.

I can hear it now "oh my God!!! A Loophole"

A Loophole? You mean because if I get delayed during my NICS check, I can just turn around and grab a CCDW overnight thereby skirting the 25 day wait period?

Federal Firearm

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Re: Purchase delay under new 25 day waiting period
« Reply #14 on: April 17, 2017, 10:54:47 PM »
In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.

I can hear it now "oh my God!!! A Loophole"

A Loophole? You mean because if I get delayed during my NICS check, I can just turn around and grab a CCDW overnight thereby skirting the 25 day wait period?


that would be correct...ccw holders are exempt...only have to wait till the brady transfer date or before